DEPARTMENT  OF  THE  INTERIOR. 

,       .  OFFICE  OF  INDIJ^  AFFAIRS.^ 


EMULATIONS  FOR  APPLICATIONS  FOR  TRIBAL  FUNDS  UNDER 
^^^<ACT  OF  MARCH  2;T^07   (34  STAT.  L.,  1221),  AS  AMENDED  BY 
INDIAN  APPROPRIATION  ACT  APPROVED  MAY   18,  1916   (PUB. 
NO.  80). 


The  act  of  March  2,  1907  (34  Stat.  L.,  1221),  reads  in  part  as 
follows : 

That  the  Secretary  of  the  Interior  is  hereby  authorized,  in  his  discretion, 
from  time  to  time,  to  designate  any  individual  Indian  belonging  to  any  tribe  or 
rribes'  whom  he  may  deem  to  be  capable  of  managing  his  or  her  affairs,  and 
lie  may  cause  to  be  apportioned  and  allotted  to  any  such  Indian  his  or  her 
pro  rata  share  of  any  tribal  or  trust  funds  on  deposit  in  the  Treasury  of  the 
United  States  to  the  credit  of  the  tribe  or  tribes  of  which  said  Indian  is  a  mem- 
ber, and  the  amount  so  apportioned  and  allotted  shall  be  placed  to  the  credit 
of  suc-h  Indian  upon  the  books  of  the  Treasury,  and  the  same  shall  theretipon 
be  subject  to  the  order  of  such  Indian :  Provided,  That  no  apportionment  or 
allotment  shall  be  made  to  any  Indian  until  such  Indian  has  first  made  an 
application  therefor.     *     *     * 

The  amendment  to  section  2  of  the  above  act  by  the  Indian  appro- 
priation act  of  May  18,  1916  (Public,  No.  80),  reads  as  follows: 

That  the  pro  rata  share  of  any  Indian  who  is  mentally  or  physically  incapable 
of  managing  his  or  her  own  affairs  may  be  withdrawn  from  the  Treasury,  in 
the  discretion  of  the  Secretary  of  the  Interior,  and  expended  for  the  benefit  of 
such  Indian  under  such  rules,  regulations,  and  conditions  as  the  said  Secretary 
may  prescribe:  Provided,  That  said  funds  of  any  Indian  shall  not  be  with- 
tlrawn  from  the  Treasury  until  needed  by  the  Indian  and  upon  his  application 
and  when  approved  by  the  Secretary  of  the  Interior. 

In  order  to  put  into  effect  the  provisions  of  the  aforesaid  acts  the 
following  rules  and  regulations  are  hereby  set  forth: 

I.    COMPETENT   INDIANS. 

A.  Fee-simple  patentees. — When  the  applicant  has  been  granted  a 
patent  in  fee.  that  fact  will  be  accepted  as  prima  facie  evidence  of 
his  competency,  but  in  forwarding  applications  of  this  class  the 
agent  will  give  the  date  oh  which  the  patent  was  issued,  report 
whether  in  his  judgment  the  patentee  has  made  proper  use  of  his 
privileges  and  would  make  good  use  of  his  share  of  the  tribal  funds 
if  paid  to  him,  and  make  a  specific  recommendation  for  approval  or 
disapproval  of  the  application. 

B.  "  Honor-roll "  Indians. — The  fact  that  an  applicant's  name  is 
on  the  ••  honor  roll"  (he  having  been  given  the  right  to  handle  the 
funds  of  his  minor  children)  will  be  accepted  as  prima  facie  evidence 
of  his  competency,  but  in  forwarding  applications  of  this  class  the. 

55660°— 16 


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agent  will  give  the  date  of  the  recommendation  for  placing  the  ap- 
plicant's name  on  the  "honor  roll,"  report  whether  in  his  judgment 
the  applicant  has  made  proper  use  of  the  funds  placed  in  his  hands 
and  would  make  good  use  of  his  share  of  the  tribal  funds  if  paid  to 
him,  and  make  a  specific  recommendation  for  the  approval  or  dis- 
approval of  the  application. 

C.  Applicants  who  are  neither  fee-simple  patentees  nor  "  honor- 
rolV  Indians. — In  the  case  of  an  applicant  other  than  a  fee-simple 
patentee  or  "  honor-roll  "  Indian  the  application  must  be  accompanied 
by  evidence  that  will  establish  the  fact  that  the  applicant  is  capable 
of  managing  his  own  affairs.  In  forwarding  applications  of  this 
class  the  agent  will  report  fully  as  follows: 

1.  Is  the  applicant  living  on  his  allotment;  if  so,  is  he  making 
reasonable  efforts  to  cultivate  his  land  and  to  support  himself  and 
family  ?     If  he  is  not  living  on  his  allotment,  what  is  his  occupation  ? 

2.  Is  any  part  of  his  allotment  leased;  if  so,  to  what  extent  does 
he  depend  upon  the  rent  therefrom  to  support  himself  and  family? 

3.  Has  the  applicant  been  given  the  privilege  of  leasing  his  own 
lands;  and  if  so,  with  what  result? 

4.  Has  he  an  interest  in  any  inherited  land?  If  he  has  sold  or 
leased  any  inherited  land,  how  has  he  managed  the  proceeds? 

5.  Is  the  applicant  of  good  moral  character  ? 

6.  Is  he  addicted  to  the  use  of  intoxicants;  and  if  so,  does  this  habit, 
in  the  judgment  of  the  agent,  unfit  him  to  make  proper  use  of  his 
share  of  the  tribal  funds? 

7.  What  is  his  physical  condition? 

8.  Is  the  applicant  in  debt;  if  so,  to  what  extent  and  for  what 
purpose  was  the  debt  incurred  ? 

9.  Has  the  applicant  the  necessary  business  qualifications  to  enable 
him  to  manage  his  own  affairs? 

10.  (jive  such  other  information  concerning  the  applicant  as  will 
aid  the  office  in  determining  his  competency. 

11.  Make  a  specific  recommendation  for  the  approval  or  disap- 
proval of  the  application. 

II.    APPLICANTS    WHO    ARE    MENTALLY    OR    PHYSICALLY    INCA- 
PABLE  OF   MANAGING   THEIR  AFFAIRS. 

Applications  of  this  class  must  be  accompanied  by  evidence  tliat 
will  establish  the  advisability  of  withdrawing  the  share,  and  if  the 
apportionment  is  made  the  funds  will  be  deposited  to  the  credit  of 
the  Indian  and  handled  as  individual  Indian  mone}-. 

In  forwarding  applications  the  agent  will  report  ixiWy  as  follows: 

1.  Sex  and  exact  date  of  birth. 

2.  Identify  the  applicant  by  allotment  and  last  annuity  roll 
numbers. 

3.  What  is  the  actual  physical  condition  of  the  applicant  ?  If  suffer- 
ing from  disease  submit  certificate  of  physician  if  necessary  to  estab- 
lish disability. 

4.  What  is  the  actual  mental  condition  of  the  applicant  ?  Answer 
fully. 

5.  What  are  material  resources  of  applicant? 

6.  What  advantages  will  accrue  to  applicant  by  withdrawal  of  his 
or  her  share  at  this  time? 


7.  Has  it  been  explained  to  the  applicant  and  does  he  understand 
that  if  the  application  is  approved  the  funds  will  be  deposited  to 
his  credit  as  individual  Indian  money  to  be  expended  imder  the 
supervision  of  the  agent? 

8.  iSIake  a  specific  recommendation  for  the  approval  or  disap- 
proval of  the  application. 

III.    IN   GENERAL. 

A.  Each  application  must  be  submitted  on  the  form  prescribed 
and  furnished  by  the  department,  and  transmitted  with  a  separate 
report  in  duplicate. 

13.  The  aid  of  an  attorney  is  unnecessary. 

C.  On  Xovember  6,  1908,  the  Secretary  of  the  Interior  decided, 
in  effect,  that  the  interest  of  an  Indian  in  a  pro  rata  share  of  a  tribal 
fund  does  not  vest  in  the  Indian  as  inheritable  property  until  after 
his  application  has  been  approved  by  the  Secretary  and  an  order 
siomed  by  him  segregating  it  from  the  tribal  fund.  Applications 
for  shares  of  funds  imder  this  act  may  be  made  at  any  time,  but 
in  view  of  the  Secretary's  decision  such  applications  should  be  for- 
warded to  the  Indian  Office  by  the  agent  or  superintendent  as  soon  as 
they  are  completed  and  filed  with  him.  Applications  from  those 
who  are  blind,  decrepit,  etc.,  must  be  made  sp)ecial  by  the  agent  and 
forwarded  to  the  Indian  Office  as  soon  as  possible. 

D.  In  estimating  the  pro  rata  share  of  an  individual,  the  last  an- 
nuity pay  roll'  prior  to  July  1  or  January  1  of  each  year  will  be 
takeii  as  the  basis  of  distribution.  Where  no  payment  has  been  matle 
within  one  year,  the  last  census,  if  taken  within  the  year,  will  be 
the  basis.  If  no  census  has  been  taken  or  pajnnent  made  within  a 
year,  the  last  available  record — either  census  or  annuity  roll — will 
be  used. 

E.  In  the  event  of  the  death  of  an  applicant  prior  to  the  approval 
of  his  application  by  the  Secretary  the  share  to  which  he  would  be 
entitled,  if  living,  will  revert  to  the  tribe.  In  case  of  the  death  of 
an  applicant  after  approval  of  his  application,  and  the  signing  of 
an  order  for  the  segregation  of  his  share,  but  before  payment  is 
made,  his  share  will  descend  to  his  legal  heirs.  Agents  will  make 
prompt  report  of  the  death  of  any  individual  whose  application  has 
been  submitted,  such  report  to  be  accompanied  by  a  proper  affidavit 
of  heirship  in  accordance  with  Circular  No.  588  as  amended. 

F.  As  the  act  provides  that  the  Secretary  shall  designate  individ- 
uals as  capable,  the  children  of  capable  individuals  shall  not  be  in- 
cluded with  parents  in  applications.  The  shares  of  minor  Indians 
will  be  i^aid  to  natural  guardians  or  persons  having  care  or  custodj^ 
of  siich  minors  cnh^  when  the  funds  are  necessary  for  the  proper 
maintenance  or  education  of  such  minors.  For  the  purposes  of  these 
regulations  the  age  at  which  an  Indian  attains  his  majority  will  be 
governed  by  the  laws  of  the  State  or  Territory  in  which  he  resides. 

E.  B.  Meritt, 
Assistant  C ommissioner. 
Approved,  August  2,  1916. 

Bo  Sweeney, 
Assistant  Secretary. 

WASHINGTON  :  GOVERNMENT  PRINTING  OFFICE  :  1916 


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